Federal Judge Remands Meso Case to Louisiana State Court Due to Untimely Removal

NEW ORLEANS - A federal district judge has remanded an asbestos exposure lawsuit to civil district court for the Parish of Orleans in Louisiana, holding that since the asbestos defendants' petition for removal to federal court occurred more than one year after the date the suit was filed, it was untimely under 28 U.S.C. § 1446(b). Rodriguez et al. v. AC&S Inc. et al., No. 01-0586 Section:"R"(4) (E.D. La.).

On Nov. 24, 1999, Daniel Rodriguez sued several defendants involved in mining, distribution, sales, production, manufacturing, installation and use of asbestos, alleging he had contracted mesothelioma from asbestos exposure. The complaint …